Question

What do you mean by extrinsic evidence

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Answered by GPT-4o
Extrinsic evidence refers to any information, documents, testimony, or material that is not contained within the actual text of a contract, statute, or written document but is brought in from outside sources to aid in the interpretation or understanding of that document. This type of evidence can help clarify ambiguous terms, establish the intent of the parties involved, or supply context that might otherwise be missing from the written document itself.

In legal terms, extrinsic evidence can include:

1. **Witness Testimony**: Statements from people who have knowledge of the circumstances surrounding the document.
2. **Prior Agreements or Contracts**: Earlier agreements that might have an impact on interpreting the current document.
3. **Communication Between Parties**: Emails, letters, or other forms of communication that shed light on the parties' intentions.
4. **Business Practices or Usages**: The standard practices in a particular industry that might influence the interpretation of a contract.
5. **Negotiation History**: Notes, drafts, or other records from the negotiation process that show how the contract evolved.

Courts often distinguish between "intrinsic" evidence, which is found within the four corners of the document itself, and "extrinsic" evidence, which comes from outside the document. Whether extrinsic evidence is admissible can depend on various legal principles and rules, such as the parol evidence rule in contract law, which generally prohibits the use of extrinsic evidence to contradict or modify the terms of a written agreement that appears to be complete and final. However, extrinsic evidence may be allowed to clarify ambiguities or demonstrate defenses such as fraud, duress, or mistake.
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